Revathi Rajendra like other residents of Hindu Colony, Parsi Colony and buildings in Matunga and Wadala are heaving a sigh of relief.
The Bombay High Court yesterday restrained the Maharashtra government and the Brihanmumbai Municipal Corporation from allowing reconstruction of cessed buildings under rule 337 of the Development Control Rules.
Cessed buildings are the 19,000 buildings in the city, which have been constructed prior to 1940.
Residents pay a cess to the government, which is responsible for maintenance and repairs. Of the 19,000 buildings, 1,000 are in and around Dadar.
The government, in an incentive to builders to reconstruct dilapidated buildings in the city, had granted additional Floor Space Index (FSI).
The division bench of Chief Justice Dalveer Bhandari and Justice Dhananjay Chandrachud have also directed the government not to grant additional FSI other than the basic FSI.
Under rule 33-7 of the Development Control Rules, the government granted additional FSI to builders to reconstruct dilapidated buildings. In normal circumstances, only 2.5 FSI is allowed.
Said D Sukumar, secretary, Dadar-Matunga-Wadala Residents Association, Under the guise of reconstruction, old buildings are systematically demolished and multi-storeys take their place. According to Sukumar, the builders would submit false tenancy documents and certificates which stated that the building was on its last legs, which would enable them to get permission for reconstruction.
Said Rajendra, From a peaceful green neighbourhood with two storey structures, over the last few years, the areas have turned into a concrete nightmare. Most residents are elderly Parsi couples, who are sometimes threatened to sign-up for the reconstruction. The HC order Restrains the state and BMC from giving permission to reconstruct cessed buildings.
Only those buildings which are in a dilapidated condition can be reconstructed after being approved by a panel of civil and structural engineers.
The municipal commissioner has the right to grant additional FSI, which he will have to publicise in the media.
Judges have asked the state and the BMC to file all records in cases where extra FSI has been granted.
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